Authors able to reclaim joint copyrights
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Authors able to reclaim joint copyrights

Cases of the Year 2012: Scorpio v Willis

villagepeople.jpg

The result

Victor Willis is entitled to terminate Scorpio Music’s rights in his songs

The impact

Authors can reclaim copyright even when they are not the only right holder

Victor Willis, the policeman in the music group The Village People, sued Scorpio Music in an effort to reclaim rights to songs he helped write, including the hits YMCA, In the Navy and Go West. Willis sought to reclaim the rights under Section 203 of the US Copyright Act, which gives authors the right to terminate grants of copyright made after January 1 1978, provided they exercised the grant at least 35 years earlier. Scorpio requested a declaratory judgment that the notice had been improperly filed, as Willis did not represent a majority of the creators of the work. In May, the US District Court for the District of California ruled that Willis could terminate the agreement because he had assigned his rights separately from the other copyright holders. The case has opened the door for other artists to pursue similar claims. Bob Dylan, Tom Petty and Kris Kristofferson are among those now seeking the return of their rights

This case was selected as one of Managing IP’s Cases of the Year for 2012.

To see the rest, click on one of the cases below.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

more from across site and ros bottom lb

More from across our site

Counsel say they’re advising clients to keep a close eye on confidentiality agreements after the FTC voted to ban non-competes
Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Loes van den Winkel, attorney at Arnold & Siedsma, explains why clients' enthusiasm is contagious and why her job does not mean managing fashion models
Allen & Gledhill partner Jia Yi Toh shares her experience of representing the winning team in the first-ever case filed under Singapore’s new fast-track IP dispute resolution system
In-house lawyers reveal how they balance cost, quality, and other criteria to get the most from their relationships with external counsel
Dario Pietrantonio of Robic discusses growth opportunities for the firm and shares insights from his journey to managing director
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Gift this article